Substitution (Not Remittal) Where an SLCC-Remitted Conduct Complaint Is “Totally Without Merit” and Procedural Fairness Is Breached 1. Introduction In Appeals by The Faculty of Advocates and XY...
OLR Competence for Pre‑2006 Offending: “Case Commenced” Means Procurator Fiscal Receipt of a Prosecution Report, and Earlier Conduct May Still Prove a “Pattern of Behaviour” 1. Introduction In Appeal...
Delusions May Have a Foothold in Reality: When Later Re-diagnosis Does Not Undermine a 1998 Hospital Order Court: Appeal Court, High Court of Justiciary Citation: [2026] HCJAC 34 (HCA/2025/13/XM)...
Changing Caregiver Histories as Circumstantial Evidence (and the Permissible Judicial “Distillation” of Complex Medical Proof) 1. Introduction In AA v His Majesty’s Advocate [2026] HCJAC 31 (Appeal...
Section 7 Judicial Factors Act 1849: “Expedient” (Not “Necessary”) as the Threshold for Special Powers to Sell and Wind Up a Trust amid Trustee Deadlock 1) Introduction In Alexander Lamb for Special...
Unproved Sexual-Abuse Allegations Do Not Restore “Business-as-Usual” Contact: Welfare, Routine, and Co‑operation Still Govern Progression Case: DB v KO (Outer House, Court of Session) Citation:...
Section 259 Hearsay: No Mandatory Psychiatric Report and Deference to the Trial Judge’s Finding of Witness Unfitness Introduction This appeal in the Scottish High Court of Justiciary (Appeal Court)...
Section 259 CPSA 1995: GP and Community Mental Health Nurse Evidence Can Suffice to Prove Witness “Unfit” Despite Special Measures 1. Introduction In [2026] HCJAC 33 (an opinion superseding [2026]...
Medium Risk Can Still Require an OLR Where Risk Criteria Are Met and Long-Term Supervision Is Unavailable 1. Introduction In Appeal against Sentence by Curtis Lee Ross against His Majesty's Advocate...
Section 107(8) “Cause Shown” Requires a Good Reason Beyond Arguability, and Applications Must Specify the Refused Grounds Introduction In Application by Stephen Stewart under section 107(8) of the...
Non-invalidation Clauses Protect the Insured Despite Unknown Occupier Risk Increases, but Cannot Cure Pre-existing Absence of Cover 1) Introduction In Bellshill Property Limited v (First) Borland...
Non‑invalidity clauses and tenant “additional premium” duties: when a tenant’s undisclosed risk change can still found liability despite defective landlord insurance Note: The provided text states...
Reduction of Undefended Divorce Decrees: Whole-Circumstances Test and the Need for a Non‑Speculative Financial Provision Claim 1) Introduction In [2026] CSOH 69 (Outer House, Court of Session), Lord...
Defective Representation Requires Non‑Presentation of the Defence; Section 275 Applications Must Identify Specific Occurrences and Material 1) Introduction In [2026] HCJAC 28 (Appeal Court, High...
Relevant-date valuation in Scottish divorce: no forced-sale discount or post-date market “prism” for share valuations in trading-stock companies Court: Outer House, Court of Session (Scotland)...
Material Conformity (Not Pedantry) in On‑Demand Performance Bond Demands: Additional Detail and Signature Descriptions 1) Introduction In The Renaissance Club at Archerfield, LLP v BVB Sureties...
Competency of Joint Conclusions for Indivisible Loss: Joint and Several Expenses as Recoverable Group Damages 1) Introduction In Fiona Drouet and others against BTO Solicitors LLP [2026] CSOH 66, the...
Single Medical-Award-Per-Household Housing Allocations Can Be Equality-Compliant: PSED Is Process Not Outcome 1) Introduction In BC, qua the Financial and Welfare Guardian of CC (AP) against West...
Net Value First: No “Netting-Off” Beyond s 10(2) in Matrimonial Property Division (Family Law (Scotland) Act 1985) 1. Introduction This Inner House decision ([2026] CSIH 38, Extra Division, Lady...
Speculation Is Not an Evidential Basis for Section 275 “Collusion/Conspiracy” Cross‑Examination; Excessive Consecutive Sentencing Corrected by a Cumulo Extended Sentence Court: Appeal Court, High...